Kicking Horse Ltd.

Shawbrook Bank Limited

"Intellectual property rights" means:. (I) any patents, trade marks, service marks, designs, business names, copyrights, design rights, moral rights, inventions, confidential information, know-how and other intellectual property rights and interests whether registered or unregistered; and. (Ii) the benefit of all applications and rights to use such assets of the obligor;. "Real property" means all estates and interests in freehold, leasehold and other immovable property (wherever situated) now or in future belonging to the obligor, or in which the obligor has an interest at any time, together with:. (A) all buildings and fixtures (including trade fixtures) and fixed p&m at any time thereon;. (B) all easements, rights and agreements in respect thereof; and. (C) the benefit of all covenants given in respect thereof;. 4.1 fixed charges. The obligor charges and agrees to charge all of its present and future right, title and interest in and to the following assets which are at any time owned by it, or in which it from time to time has an interest:. (A) by way of first fixed charge:. (I) all real property;. (Ii) all licences to enter upon or use land and the benefit of all other agreements relating to land; and. (Iii) the proceeds of sale of all real property;. (I) by way of first fixed charge all intellectual property;.